Civilian and military defense lawyers should tell non-U.S. citizens of the potential for deportation on account of either a special or general court-martial conviction. Indeed, United States v. Denedo, CCA 9900680 was ripe to address issues related to the incompetence of defense counsel in wrongly telling a Soldier he could not be deported for pleading at a special court-martial. However, Denedo denied review on account of a late filing by military appellate counsel pursuant to Rule 19(e). Nevertheless, Chief Judge Effron and Judge Baker argue CAAF should have found “good cause” for the delay, on account of the grave prejudice suffered by the Accused in being misled about the collateral consequences associated with his special court-martial conviction.
UPDATE: See United States v. Vargaspuentes, 70 M.J. 501 (2011)(Conviction upheld because Soldier never advised his military defense attorney that he was not a U.S. citizen prior to pleading guilty; which later subjected him to deportation under 8 U.S.C. Section 1227 (a)(2)(B)(i) for marijuana related misconduct.)